Defendant’s File Motion to Dismiss in Rhode Island Retail Shipping Case Noting Plaintiffs Haven’t Been Harmed

The Defendant in the Rhode Island dormant Commerce Clause change has filed its Motion to Dismiss.   The parties in this case have already undertaken basic discovery and that discovery serves as the basis for this motion by the defendants.  The Defendants note that the Plaintiffs lack standing to pursue their claim because they have suffered…Read More

Wal-Mart Ends Federal Lawsuit Challenge to Texas Liquor Laws

The long running attempts by Wal-Mart to challenge Texas state alcohol laws via the federal court system are at an end. Recall that 5th Circuit had upheld the Texas laws and Wal-Mart appealed that to the United States Supreme Court.   Earlier this year, the Supreme Court denied this request to hear the appeal so the…Read More

8th Circuit Won’t Entertain Rehearing/En Banc Request in Challenge to Missouri Retail Shipping Law

The 8th Circuit denied the request for a rehearing as well as the request for an en banc review of the 8th Circuit’s decision upholding Missouri’s law on retailer shipping against a dormant Commerce Clause challenge.  The one page order can be found here. Now the clock starts on the expected appeal to the Supreme…Read More

9th Circuit Affirms Dismissal of Out of State Importer Challenge to California Law

Well, that was quick. Two weeks after oral argument, the Ninth Circuit has affirmed the trial court and upheld the motion to dismiss filed by California in the dormant Commerce Clause challenge by a Florida importer to California’s law requiring retailers to source their alcohol from in state wholesalers.  The opinion can be found here….Read More

Michigan Secures 21st Amendment Enforcement Act Wins

I failed to cover the recent developments in Michigan where the Michigan Attorney General’s Office secured two consent orders against two out-of-state shippers who were illegally selling alcohol into the state. The Michigan Attorney General’s office filed its complaints under the 27 USC 122(a) which is called the 21st Amendment Enforcement Act.   The press release…Read More